Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and Jobtract ("we", "our", or "us") and govern your access to and use of the Jobtract platform, including the website at https://jobtract.ca, our web and mobile applications, and any integrations (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, you may not access or use the Service. We recommend that you read these Terms and our Privacy Policy before using the Service.

You must be at least 18 years of age and have the legal capacity to enter into a binding contract to use the Service. By using the Service, you represent that you meet these requirements. The Service is intended for business use; you may not use it for personal, household, or consumer purposes except as permitted for sole proprietors or similar business users.

Subject to your compliance with these Terms and any applicable subscription or order terms, Jobtract grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes, in accordance with the documentation and policies we provide. This license does not include the right to sublicense, resell, or make the Service available to third parties except as explicitly permitted (e.g. invited team members under your account).

We may update the Service from time to time; new features or changes may be subject to additional terms or pricing as communicated to you.

You agree not to:

• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service, except to the extent permitted by applicable law.
• Use the Service for any illegal, fraudulent, or unauthorized purpose, or in violation of any applicable laws or regulations.
• Resell, sublicense, or commercially exploit the Service except as expressly permitted by your subscription or our written agreement.
• Interfere with or disrupt the integrity, performance, or security of the Service, or the data of other users.
• Attempt to gain unauthorized access to the Service, other accounts, or our systems or networks.
• Use automated means (e.g. bots, scrapers) to access the Service without our prior written consent.
• Remove or alter any proprietary notices, labels, or marks on the Service.

We may suspend or terminate your access if we reasonably believe you have violated these restrictions.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us promptly of any unauthorized use or breach of security. We are not liable for any loss or damage arising from your failure to protect your credentials.

You retain ownership of the data you submit to the Service ("Your Data"). Our use, storage, and processing of Your Data are described in our Privacy Policy. You are responsible for the accuracy of Your Data and for ensuring that you have all rights necessary to provide it to us, including when using integrations such as QuickBooks. We may use aggregated, anonymized data to improve our services and for analytics.

Paid plans are subject to the pricing and billing terms presented at the time of sign-up or renewal. You agree to pay all fees when due. Fees are generally billed in advance (e.g. monthly or annually). Failure to pay may result in suspension or termination of your access. All fees are in the currency indicated (e.g. CAD) and exclude applicable taxes (e.g. HST/GST) unless otherwise stated.

Refunds and cancellations: Subscription fees are non-refundable except as required by applicable law or as expressly stated at the time of purchase. If you cancel a paid subscription, your access continues until the end of the current paid billing period; no partial-period refunds are issued unless required by law. If we terminate your account for reasons other than your breach of these Terms, we will refund any prepaid fees on a pro-rated basis for the unused portion of the billing period. Disputed charges must be raised within 30 days of the charge date.

Auto-renewal: Subscriptions auto-renew at the end of each billing period unless cancelled before the renewal date. We will provide reasonable notice of any price changes before they take effect.

Use of third-party integrations (e.g. QuickBooks Online, payment gateways) is subject to the respective third party's terms and privacy policies. We are not responsible for the availability, accuracy, or actions of third-party services. You are responsible for complying with their terms and for any data you authorize us to share with them.

The Service, including its design, features, code, and content (other than Your Data), is owned by Jobtract or our licensors and is protected by intellectual property laws. These Terms do not grant you any rights to our trademarks, logos, or other branding. You may not use our branding without our prior written consent.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JOBTRACT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JOBTRACT AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM (OR ONE HUNDRED CANADIAN DOLLARS (CAD $100), WHICHEVER IS GREATER). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN SUCH CASES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

You agree to indemnify, defend, and hold harmless Jobtract and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to your use of the Service, Your Data, your violation of these Terms, or your violation of any third-party rights or applicable law.

Termination for cause: We may suspend or terminate your access immediately if you breach these Terms, fail to pay fees, or engage in activity that poses a security or legal risk. We will notify you of the basis for termination where required by applicable law.

Termination for convenience: Either party may terminate these Terms on 30 days' written notice. You may stop using the Service at any time by closing your account. Upon termination, your license ends at the close of the applicable notice or billing period.

Data export: Before or promptly after termination (and in any event within 30 days of the termination effective date), you may request an export of Your Data in a machine-readable format by contacting us. After this window, we may delete Your Data in accordance with our Privacy Policy and applicable retention obligations. We will retain transaction records as required by law even after account deletion.

Survival: Sections that by their nature should survive (including Intellectual Property, Disclaimer of Warranties, Limitation of Liability, and Indemnification) will remain in effect after termination.

We may update these Terms from time to time. We will post the current Terms at https://jobtract.ca/legal/eula and update the "Last updated" date. For material changes (i.e. changes that adversely affect your rights or obligations), we will provide at least 30 days' advance notice by email or through the Service. Non-material changes (e.g. clarifications, corrections, new feature terms) may take effect immediately. Your continued use of the Service after the effective date of any change constitutes acceptance of the updated Terms. If you do not agree with a material change, you may cancel your account before the change takes effect.

Entire agreement: These Terms, together with our Privacy Policy, Cookie Policy, and any order or subscription terms, constitute the entire agreement between you and Jobtract regarding the Service and supersede all prior agreements, representations, or understandings.

Severability: If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full effect.

Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right or provision. No waiver of any breach shall constitute a waiver of any subsequent breach.

Assignment: You may not assign these Terms or any rights under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, restructuring, or sale of substantially all of our assets, with or without notice.

Force majeure: Neither party will be liable for any delay or failure to perform obligations under these Terms where such delay or failure is caused by circumstances beyond the party's reasonable control, including natural disasters, pandemics, government actions, third-party service failures, internet infrastructure failures, or acts of war. The affected party will notify the other promptly and use reasonable efforts to resume performance.

Governing law and jurisdiction: These Terms are governed by the laws of Canada and the Province of Ontario, without regard to conflict of law principles. Any disputes shall be subject to the exclusive jurisdiction of the courts located in Ontario, Canada. The UN Convention on Contracts for the International Sale of Goods does not apply.

Canadian anti-spam (CASL): We comply with Canada's Anti-Spam Legislation. Commercial electronic messages will only be sent with your express or implied consent as defined by CASL. Every such message will identify us as the sender, include our mailing address, and include a functioning unsubscribe mechanism. We will process all unsubscribe requests within 10 business days, as required by CASL section 11.

Language: These Terms are provided in English. Where French versions are required by applicable law (e.g. for Quebec users under the Charter of the French Language), such versions will be provided on request.

For questions about these Terms of Service, contact us at:

• Email: support@jobtract.ca (general enquiries) or privacy@jobtract.ca (privacy and data matters)
• Website: https://jobtract.ca (use the Contact or Support form)

For privacy-specific questions, requests, and complaints, refer to the Contact section of our Privacy Policy for our Privacy Officer contact details.